then called; she says, "In the month of February last I resided in the
Asylum Buildings, near to the Asylum; the house is within the Rules of
the King's Bench. Mr. De Berenger lodged with me; he finally quitted my
house on the 27th of February, on a Sunday. I do not remember where he
was on the Sunday before that, I did not see him on the morning of that
Sunday; I cannot say whether he slept at home that night, we never
attended to the door; I usually heard him in the morning, I did not hear
him as usual on the morning of the 21st; I used to hear the bell ring
for the servant, more than once; he occupied the whole of the upper part
of the house, I and my husband had the two parlours. I heard him also
occasionally playing the violin and trumpet, and he used to walk about;
he then wore whiskers. I generally heard his bell; I did not see him
come home on the Monday; I saw him in the evening, about half past
five; I had heard him in the afternoon. He quitted my house on the
Sunday after; I remember a gentleman calling on the Saturday night, the
day before he quitted, with a letter; I have since seen that gentleman
again, I saw him at the Temple; Mr. Lavie was then present. I cannot say
that I positively knew the gentleman, but I think it was the same that I
had seen deliver the letter on the 26th of February. Mr. De Berenger had
two servants of the name of William Smith, and his wife; when he dined
at home, his servants attended him; on Sunday the 20th, I cannot say
whether he dined at home; his usual dinner hour was about four. I think
his servants went out about two or half past on that Sunday." If you
remember, Smith and his wife swear to De Berenger's going out about four
on that Sunday, and Smith says, that he and his wife went out soon
after; this woman swears, that they went out at two or half past. "There
was a private place where the key always hung, for the accommodation of
Mr. De Berenger, and as the key was always under the care of Smith, I
did not see where the key was put that evening."
On her cross-examination she is asked, what Sunday it was that these
servants went out to dinner at two or half past? she says, "On Sunday
the 20th, about eleven o'clock, I heard my husband observe, De Berenger
was gone out; I cannot say whether he slept from his bed on Sunday the
20th; I sleep in the back parlour. I have heard him trumpet by nine
o'clock, not by seven. I had no call to look after him on any morning."
Upon her re-examination she says, "My husband observed to me, our lodger
is gone out with a new great coat on." So that he is, for the first
time, observed by them in that great coat on that Sunday.
Mr. Lavie says, the person Mrs. Davidson saw at the Temple getting out
of the hackney coach, was Mr. Cochrane Johnstone, that she said she
believed that the person who was striking the Jury, and who was Mr.
Cochrane Johnstone, was the person who brought the letter on the
Saturday.
Mrs. Davidson, on being called again, and further cross-examined, says,
Mr. Lavie desired me to attend to see a gentleman; I was told Mr.
Cochrane Johnstone was to be there; I will not swear that the person who
left the letter was Mr. Johnstone. I had a conversation about the person
with Smith, Mr. De Berenger's servant.
Then Mr. Launcelot Davidson, the husband of the last witness, is called;
he says, "Mr. De Berenger lodged in my house; he quitted my house
finally on Sunday the 27th of February. The Sunday before that, I saw
him go out before eleven (that was on Sunday the 20th); I had been out
before; I was waiting to hear the Asylum clock strike eleven; I saw him
go out, I had seen him come in ten minutes before; when he came in, he
had a plaid cloak on, which he had worn the winter; when he went out, he
had a great coat of that colour (pointing to the grey coat produced by
Solomon); as he went, I observed to my wife, there goes our lodger, he
has a new great coat on; he did not come home again at all during that
day, that I saw or heard; I did not see or hear him the next morning
before nine; I go out at nine. I generally used to hear him before that
time walking about, or ringing for his servant. I made an observation
upon his servants going out on the Sunday at two; I do not think they
were at home _at four o'clock_, which was Mr. De Berenger's usual dinner
hour; the man servant always attended him when he dined, and the woman
dressed his dinner; he did not dine at home on that Sunday. A
conversation took place with the Smiths afterwards, respecting that
Sunday night." Now to be sure it is a most obvious thing, that if he
had been in town at that time, nothing could be so easy as to have
proved where he dined; and probably those who might have been called to
prove that fact, would have been persons of a better description than
Donithorne, Tragear, and the other persons called, to give an account of
him on that day.
On cross-examination he says, "I had nothing to do with his domestic
life. He made a loud rap at the door, and had few visitors. I am a
broker, and clerk of a broker, and out a considerable part of the day."
Gentlemen, the next evidence applies to the Northfleet part of the
transaction.
Mr. Vinn says, (and to be sure it is an odd story he tells); "in
consequence of a note left at my house, dated the 14th of February last,
I went to the Carolina coffee-house on the 15th, where I met Mr. M'Rae,
in company with an elderly gentleman; he desired me to sit down. I had
known M'Rae before for some years, he was standing near the door, and in
about seven or ten minutes, he came and joined me; he told me he had
known me a long time, and that he thought he had now an opportunity of
making my fortune; that he knew from the knowledge I had of languages, I
should have an opportunity of benefiting others and myself; I asked him
what the object was; he said not to travel abroad, but probably at home,
and that almost immediately; that it was a scheme that he had in
contemplation, to be employed by men of affluence and consequence, and
that no man was more competent than myself; he said there was no moral
turpitude in the business, but that it was practised daily by men of the
first consequence." What M'Rae says, is, you will observe, evidence
criminally only as against himself; because what he _confesses_, is not
evidence to affect others. What he _does_, may affect others as parties
to the conspiracy; but what he _says_ cannot affect others; "that it was
only biting the biters, or in other words, a hoax upon the Stock
Exchange; and that by going down to Dartford, Folkestone or Dover, I
should receive instructions." So that in his communications, Dover is
mixed with Dartford, as the probable destination to which the parties to
this business might be sent; "that it was necessary to have for himself
and me, two dresses of French officers;" so that dresses similar to that
in which the Dover plan was executed, were in his contemplation. "I
there stopped him, and asked him whether he really meant to be employed
in this transaction; to which he replied, certainly; and that I should
be in the first place remunerated, and ultimately have a fortune made
me: I replied with indignation, that I would as soon be concerned in a
highway robbery; that I thought he had known me better; I expressed
myself rather loudly, as offended at it; he endeavoured to hush me,
saying, hush! that we might be overheard. He took me up Cornhill, where
I left him; I told him if he would go with me to another coffee-house, I
would introduce him to a person who, though I would not undertake the
business, might do it. I took him there; it was the Jamaica
coffee-house; there was a young man there, to whom I was about to
introduce him; but he turned round suddenly, and I did not: upon M'Rae
returning, he asked me whether I would not give him in writing some
French sentences, sentences such as Vive le Roi, Vive les Bourbons, Vive
Louis Dix huit; I gave him those terms in writing;" so that he might
play off those terms, to assist in the prosecution of this business. A
letter is then shewn to the witness; he says "this is the letter I
received from M'Rae; it is his hand writing." The letter is in these
terms, "Mr. Vinn, Please to meet me at the Carolina coffee-house, about
eleven to-morrow, upon very particular business, yours," so and so.
On his cross-examination, he says, "I am an accountant; I have been
acquainted with M'Rae five years and a half. I never bought and sold as
a broker; I had been in business myself; there was no person to hear the
conversation I have stated. I communicated this at the Stock Exchange to
Mr. Rothery, and mentioned it publickly on the 15th, and that I had
refused it; my object was not to get another person really to undertake
the business, but to furnish myself with a confirmatory witness."
Sarah Alexander is called, and she proves very material circumstances as
to the preparation for this North-fleet expedition, to take place at the
same period of time as that from Dover. She says, "I live at
Fetter-lane; I have lived there ever since last September. I know Mr.
M'Rae; he lodged on the same floor that I did; he is a married man; his
wife lived with him; on Saturday the 19th of February, he came to my
room." The other military uniform, you will recollect, was purchased on
this very same day for the Dover scheme: "He brought a small parcel, and
gave it to his wife; he said it was of value, and bade her take care of
it. He went out on Sunday the 20th; he went out between ten and eleven,
and returned before twelve, and brought with him two coats and two opera
hats; they were inclosed in a bundle; I saw the coats; they were very
dark blue, done with braiding; they were officers coats; the flowers
were of worsted embroidery; they were flat hats; one coat was lined with
white silk; one coat and one hat was better than the other; the one had
a brass plate and gold tassel; he put them on, and walked about, and
asked whether he did not look like an officer." So that he was
representing and playing this character before-hand: "He went out again,
and came home before one, and brought some ribbon with him; he wanted
two cockades to be made round; he applied to his wife; his wife asked
what he was going to do with them; he said, to deceive the flats." So
that he not only exhibits the materials by which he was to effect the
fraud, but avows the object, "to deceive the _flats_;" that is, I
suppose, _credulous persons_. "He put the cockades into his pocket, and
the hats and coats in a bundle, and went out, saying he must be at
Billingsgate, to start at two by the Gravesend hoy. The next day, I met
him a quarter before two in Cursitor-street; he was dressed the same as
he went out, in his own clothes; he had apparently the same bundle; he
brought home one coat and one hat; the best coat and hat were in the
bundle; he said he had slept at North-fleet, but he had the appearance
of not having been a-bed at all; he brought home the cockades in his
pocket; he appeared very tired: His wife unripped the cockades, and took
the white lining out of the coat, and carried it to the dyers to be dyed
black." Then she says, "From December to February we lodged together; we
kept but one fire, and lived a good deal together; he was in a state of
great indigence, and never had any money except a shilling or an
eighteen-penny piece now and then; after the North-fleet expedition, he
had a £.10 and a £.1 note, and the day before he finally left his
lodgings, he had three £.2 notes; he finally left his lodgings on the 2d
or 3d of March. On Sunday the 27th of February, he bought a new coat and
a new hat; on Monday the 28th, he said he was to have £.50 for what he
had done; he wished when he went away finally, for nobody to know where
he was going; and I wished not to know." On the 2d or 3d of March this
gentleman disappears as the other De Berenger had done on the 27th; such
were the nearly contemporaneous and similar actings of these parties.
Both of them on Saturday are making preparations for a scheme which is
to operate on London at the same period; you will consider whether there
was not a communion of purpose in these persons, whether they did not
conspire to produce a common end, though they might not particularly
know how the others were co-operating with them at that time; in short,
whether there might not be one master workman, who played the puppets in
both directions. Then you have the course of the Northfleet people.
Philip Foxall, (the next witness), says, "I keep the Rose Inn at
Dartford;" a letter was shewn to him, he says, "I received that letter
from Mr. Sandom, I knew him by his frequently having chaises from my
house." That note is one in pencil, ordering a chaise, "please to send
me over immediately, a chaise and pair to bring back to Dartford, and
have four good horses ready to go on to London with all expedition." "I
sent a chaise over to Northfleet, and had horses ready, as the letter
advised me; the chaise on its return drove furiously into my yard, with
Mr. Sandom and two gentlemen with white cockades, and large flat hats,
quite plain, except white ribbon or paper, and blue clothes, I cannot
say whether they were plain. I forwarded them with four horses. I asked
Mr. Sandom whether they would breakfast; he said no, they have
breakfasted at my house, they have been out in an open boat all night,
and are very much fatigued; I asked who are they? Sandom said he did not
know, but they had news of the utmost consequence, and begged I would
let them have good horses; they ordered a chaise and horses for
Westminster."
On his cross-examination he says, "I think I must have received the note
about seven o'clock in the morning; the chaise with Sandom and the other
gentlemen came back in about an hour. I was surprised to see it in so
short a time. I only know Sandom by his having chaises at my house to
Northfleet. I understood he lived there; he had been in the habit for
nine months before that, of occasionally having horses from my house."
This evidence introduces Mr. Sandom in this chaise, with these persons
in this assumed garb, and presents him therefore as acting in this
purpose.
Foxall Baldry is next called; he says, "I am a post-boy at the Rose at
Dartford; on the morning of the 21st, I recollect a chaise coming from
Northfleet to our house; I have seen one of the gentlemen since; I did
not know Mr. Sandom personally at the time; he was one of those persons;
I did not know the other two; I drove the leaders. Just as we were
coming to Shooters Hill, Mr. Sandom got out of the chaise, and said,
give your horses their wind, and when you get up the hill, make the best
of your way; I will give you twelve shillings a-piece for driving; my
fellow servant ordered me to go over London Bridge, down Lombard-street,
along Cheapside, over Blackfriars Bridge, down the New Cut, and when I
was in sight of the Marsh Gate, I was to stop." That was the line they
were to take, they were to come through the town with these laurels and
white cockades, which would attract attention; and it appears that this
chaise came about two hours after the other, so that when the rumour
began to be languid, this would revive and also strengthen it, the same
report reaching London through two channels that morning. "I took that
course; Mr. Sandom had on a brown coat, and the other two were in blue
coats I think; the horses had laurels upon them; when I was in sight of
the Marsh Gate I pulled up, the parties took off their cocked hats, put
them into their handkerchiefs, put their round hats on, and they walked
away." It had answered their purpose, they had exhibited themselves in
the city, and they then resumed their usual habits. "I got to the Marsh
Gate about eleven o'clock I should think; Mr. Sandom did not give us any
thing at that time, nor pay for the chaise; he asked what house we
stopped at; I told him the Bull, Kent-street end, and he came to us
there, and gave my fellow servant a £.1 note and the rest in silver; the
chaise he did not pay for." Whether it is yet paid for, nobody has
informed us.
Mr. Baily is then called again, and he says, "In consequence of
inquiries that had been made, Mr. Holloway and Lyte attended the
committee of the Stock Exchange. Holloway denied any knowledge of the
transaction, after which he came and confessed that he had planned that
plot or participated in it; he said that he had done it with view to
obtain money by a rise in the public funds; and Lyte said that he had
been employed by Mr. M'Rae, at Mr. Holloway's solicitation. Lyte stated,
that he and Sandom, and M'Rae, rode in the post chaise from Northfleet
to Dartford, and afterwards from Dartford to London; there were present
at this time, Mr. Wakefield, Mr. Lavie, and Mr. Chaumette. Holloway and
Lyte came together, and what Lyte stated, was in the presence of
Holloway; he (Holloway) stated, that he was not aware of the serious
turn it would take; but finding that it had taken so serious a turn, he
had come forward and confessed it, in the hope that the Stock Exchange
would not pursue it to extremities. He was asked, whether he had any
connexion with Lord Cochrane, Mr. Cochrane Johnstone, or Mr. Butt, and
he denied that he had;" and certainly, if his denial was complete
evidence of the fact, it would be proper for your consideration in that
respect; but what he admits is to be taken as against himself, subject
to your discreet consideration of the whole of the circumstances; and
you will, upon the whole, determine, whether these defendants conspired
with the rest in the promotion of the same end, accomplished by the same
or similar means, about the very same period. Mr. Baily adds, that
nothing he supposes, but the publicity of the measures, induced
Holloway to come forward; and that he believes Holloway stated, that he
would communicate all he knew of the business, because M'Rae had
offered, for a large sum of money (I believe that sum was mentioned to
be ten thousand pounds) to come forward; he denied also any connexion
with De Berenger.
Several Brokers are then called. Mr. Robert Hichens, one of them, says;
I have known Mr. Cochrane Johnstone for several years, I have never done
business for him till the present year; from the 8th of February to the
19th, I made various purchases for him, the balance was £.250,000
omnium, at the leaving off of the business on Saturday; I furnished Mr.
Baily with an account of the purchases and sales on Monday the 21st; I
met Mr. Cochrane Johnstone as I was coming out of the Stock Exchange,
about a quarter before eleven o'clock; I received an order from him on
the Saturday to sell £.50,000 at one per cent. profit on the Monday, and
that I sold before I saw him on Monday; now it does appear very
probable, that the communication this person had made at Dover, might
have reached town before De Berenger, for it appears by the evidence of
Wright of Rochester, that he had been called up by a post-boy of his
brother's at Dover, who had probably brought before De Berenger's
arrival at Rochester, some of the news which De Berenger had announced
at Dover, for Wright of Rochester addresses him as a person whom he was
"_led to suppose_" was the bearer of some very good news; some such
cause appears to have operated, so that the stocks were at 29 early in
the morning; on the Saturday he ordered me to sell a certain quantity at
an eighth per cent. more; I sold the whole of it that day by his
directions, at 29, 29-1/8, 29-1/2, 30-3/4 and 30-7/8. I disposed of the
whole which Mr. Cochrane Johnstone held at one or other of those prices.
Then on cross-examination, he states Mr. Cochrane Johnstone's balance
on this and different days, and it appears that they had been dealing in
the funds, with a view to this particular day; for a length of time they
all had their hands full of omnium and consols; and the omnium having
obtained a price which would allow of a profit, all was sold, and the
object appears to have been as much to raise the price a little, so as
to get out without present loss, as to gain a profit; this is the
substance of the evidence of the different brokers, who all prove the
quantities of stock, and that they were both buyers and sellers; the
persons who were interested to prevent a depression, must feed the
market occasionally as a buyer, I should imagine, though I am not very
conversant in these things.
Mr. Baily then states in substance, what from an inspection of the
accounts, with which he states himself to have been furnished by the
several brokers, Hichens, Fearn, Smallbone, and Richardson, it turns out
had been the balances of the three persons, Mr. Cochrane Johnstone, Lord
Cochrane, and Mr. Butt, in the different speculation they had, which had
lasted for a considerable time; from the month of November, according to
Mr. Fearn, down to that day, and particularly from the 8th to the 21st
of February (the particulars of which are specified in this paper) they
appear to have had a larger balance, at least Mr. Cochrane Johnstone
appears to have had on an antecedent day, than he had on the 21st of
February; but it appears as if they not only were speculating on what
they were buying, but they were speculating to such an amount, that
unless they got rid of it, every one of them might be ruined; and they
had determined, it should seem, on getting a profit of about one per
cent. to sell the whole. It turns out, that on the 21st of February, as
appears by this paper, £.420,000 of omnium, and £.100,000 of consols,
belonged to Mr. Cochrane Johnstone; £.139,000, of omnium to Lord
Cochrane; and to Mr. Butt, £.200,000 omnium, and £.178,000 consols. It
appears that he sold on that day, £.24,000 more of omnium than he had;
and £.10,000 of consols short of what he had; and with those differences
merely, they, on that day, evacuate themselves of the whole; and, by Mr.
Baily's account, you will see there was a profit upon the whole. The
gross amount of the balances of all three, was £.759,000 omnium, and
£.278,000 consols, which would make, he says, if the whole amount were
reduced to consols and calculated as consols, £.1,611,430, £.3. per
cents. Of that quantity of stock they were holders on the 21st of
February. When I have stated the total amount as being £.1,611,430, 3
per cents., that is supposing the omnium was calculated in terms of
consols; he says, the fluctuation of only _an eighth_, would, upon this
large amount, have been a profit of above £.2,000. The profit upon the
sales of that day, was, he says, £.10,450. Lord Cochrane's share of this
profit was, as he computes, £.2,470.; Mr. Cochrane Johnstone's, £.4,931.
5.; and Mr. Butt's, £.3,048. 15.; he says, "If no news had arrived on
the 21st, no person could have sold this large quantity of omnium and
consols, without very much depressing the market;" therefore, it was
necessary, it should seem, that there should be good news to keep up the
market, that great holders of stock might get out of the adventure
without loss. "I should think the news arrived in about half an hour
after ten; business begins at ten; the news had a gradual effect, as the
report was believed, the first decline was about the middle of the day;"
he says, "the recovery of the funds was generally attributed to the
chaise passing through the city;" therefore one chaise was, in point of
effect, a good auxiliary to the other, and the blue coats and the
worsted embroidery, aided, it should seem, the effect of the red coat
and gold lace; and you will consider whether it was not all part of the
same transaction. I think, he says, the chaise through the city carried
it to its highest amount; I should think, he says, the accounts were
time bargains, from the magnitude of the sums, and it should seem, they
were so; but though the gain which these parties made, might not be a
legitimate gain arising on legitimate bargains, the evil of this to the
fair dealer is palpable, and the argument of its invalidity is a sword
with a double edge; its operation, at any rate, is to cut very deeply
into the interest of innocent dealers in the funds.
Mr. Wetenall then speaks to the different prices of the stock on that
day; he says, "I collect the prices at different times of the day, and
furnish the bank with these papers. Omnium left off at 26-3/4, that was
the money price; the time price is generally one per cent higher. It
commenced on Monday at 26-1/2. On news arriving, it rose to 30-1/4; fell
back to 30, and afterwards to 28. After the stocks had begun to fall; on
a report of a chaise having come through the city, they rose again."
Pilliner, who was a stock-broker, says; "before the 21st of February I
had made purchases for Holloway to the amount of £.20,000 omnium, and
£.20,000 consols. I sold for him £.20,000 omnium, and £.14,000 consols.
I saw Holloway on the morning of the 21st;" he declines answering
whether they were time bargains, or for money; "he desired me to sell
his stock, to sell all about the middle of the day. I had acted as
broker for him two years."
Then Mr. Steers says, "I am broker to the Accountant General of the
Court of Chancery. On Monday the 21st of February I made purchases, as
broker for the Court of Chancery, to the amount of fifteen thousand and
odd; I bought at 71-5/8 consols; that was the price about eleven
o'clock, when the funds had considerably risen; that was all that I did
that day for the Accountant General. I can speak to nothing else that
day. I purchased £.6,894. 11_s._ 4_d._ consols for the Accountant
General, on Saturday, at 70;" therefore the difference between 71-5/8
and 70, seems to have been occasioned by the operation I have before
stated to you.
Mr. Wright is next called; he appears to have printed this affidavit by
Lord Cochrane's direction, on slips for the newspapers; he says, "In a
conversation with Lord Cochrane, when he was giving me directions, he
said, I once saw captain De Berenger at dinner at Mr. Basil Cochrane's.
I have no reason to think that captain De Berenger is capable of so base
a transaction;" giving his own name to the transaction; "but if he is, I
have given the committee of the Stock Exchange the best clue to find him
out;" he had given them a clue, by giving his name in the manner he has
done in his affidavit; but it would have been very ineffectual if De
Berenger had carried away his own person previous to that; but it was by
accident that he was found at Leith.
Mr. Le Marchant is next called; there is a great deal, he says, which is
no evidence against any body but the person who relates it; viz. captain
De Berenger, and I do not think it at all necessary to state it; he does
himself no credit, and he is a person on the statement of the letters
which have been read, whom Government might do very well in letting ride
at anchor here without going abroad. He says, however, "I became
acquainted with captain De Berenger about eighteen months ago, our
acquaintance continued until the 16th of February; from the 10th to the
16th of January he spent his evenings with me occasionally; I learnt
that he was connected with Lord Cochrane and Mr. Cochrane Johnstone; he
stated that he was about to go to America, under the command of Lord
Cochrane; upon his mentioning this, I put the question to him, how he
could possibly do it under the embarrassments that he lay under, upon
which he answered that all was settled on that score; this conversation
passed about the 14th of February; he said, that for the services he had
rendered to Lord Cochrane and Mr. Cochrane Johnstone, whereby his
lordship could realize a large sum of money, by means of the funds or
stocks. His lordship was his friend, and had told him a few days before,
that he had kept unknown to him till that period, a private purse for
him De Berenger, he frequently mentioned particular intimacy of dining,
breakfasting, and supping with his lordship; he said, in this purse he
had deposited a certain per centage out of the profits which his
lordship had made by his stock suggestion." This is only what De
Berenger says, and the declarations of persons are evidence only against
the parties themselves who make them, and do not prove the fact as
against any body else. "I afterwards heard of the events of the 21st of
February, and made known my suspicions, that captain De Berenger had
been active in them, to captain Wright of the East India Company's
service, and lieutenant Taylor of the 22d infantry;" he said the per
centages were for the benefit of his (De Berenger's) ideas he had given
to Lord Cochrane and Mr. Cochrane Johnstone as to stock transactions; it
applied to both.
Upon his cross-examination, he says, "I have been corresponding with
Lord Cochrane, I am not now a prisoner in the King's Bench, I have never
had any communication with Lord Cochrane but in writing; my promotion is
not suspended, I hold the situation of Secretary and Register to the
Court of Antigua and Montserrat: I have been prevented from going out
in consequence of being compelled to give my evidence either at this
court or some other court, and only for that purpose; this is my
hand-writing; most undoubtedly I must have been compelled to give this
evidence upon oath if called upon in a court of justice; I do not give
my evidence from resentment, or from any refusal to lend me money; I
know one Palfreyman," _he_ is not called. "I am persuaded I never
represented myself as having any resentment against Lord Cochrane to Mr.
Palfreyman, nor said to him, that I would be Lord Cochrane's ruin;" and
it is not proved that he did. "I never told him that I would assist the
Stock Exchange; I have a very slight acquaintance with Mr. Palfreyman.
The conversation with De Berenger was about the 14th of February; he
mentioned to me, that he had expectations of getting some employment in
America, to serve under Lord Cochrane; he particularly wished to be
employed, that he might be useful in drilling the sharp-shooters, and
said other things of that sort; I had a very high opinion of him, as
being acquainted with the service; he was adjutant for a number of years
in the Duke of Cumberland's sharp shooters. I do not know of his making
preparation to go to America at that time, if he should be successful in
procuring the appointment he was soliciting."
Upon his re-examination, he says, "The Stock Exchange applied to me to
give them information, and sent me a subpoena after Lord Cochrane's
publication."
The honourable Alexander Murray is called; he says, "I am not at present
an officer in His Majesty's service, I am now in the King's Bench. I
have been acquainted with captain De Berenger a year and a half; I was
introduced to him by Mr. Tahourdin, who is my solicitor, and likewise
Mr. De Berenger's; we were frequently together; when I first went over
to the Rules of the Bench, I lodged with Mr. De Berenger in the same
house, for about one month; towards the end of January, or beginning of
February, I had a conversation with him about a pamphlet that Mr.
Harrison was writing, respecting the trial between Mr. Basil Cochrane
and Mr. Harrison; Captain De Berenger was, I knew from himself, employed
in planning out a small piece of ground for Mr. Cochrane Johnstone; he
said that he had a plan in view, with Lord Cochrane and Mr. Cochrane
Johnstone, which if it succeeded," this is what De Berenger said, "would
put many thousand pounds in their pocket; I asked, is that the plan with
regard to Ranelagh, which it was proposed to build on Mr. Cochrane
Johnstone's land; and he said no, it is not; it is a far better plan. I
knew there was a very particular intimacy between Mr. De Berenger and
Mr. Cochrane Johnstone; I understood Lord Cochrane was a more recent
acquaintance, but that there was some acquaintance; I understood that
there was a great acquaintance between him and Mr. Cochrane Johnstone,
and that he was with him almost every day."
Upon his cross examination, he says, I have known Mr. De Berenger a long
while; he is a man of considerable science and attainments; he had been
for a considerable time before employed in drawing plans for the
Ranelagh. Mr. Cochrane Johnstone has a house in Alsop's Buildings, and
about an acre of land behind it, which was to be converted into
something upon the plan of the old Ranelagh. As far as I have seen, I
believe Mr. De Berenger to be a man of honour and integrity; I saw
nothing but the most perfect gentleman during the time I lodged under
the same roof.
William Carling says, "I am servant to the Honourable Basil Cochrane.
Mr. Cochrane Johnstone and Lord Cochrane visited at my master's house,
in company with Baron De Berenger, the gentleman there," pointing to
him. "De Berenger came there to dine as a visitor; he was invited by my
master. Lord Cochrane and Mr. Cochrane Johnstone dined there with him
once, did not the second time; they appeared to be acquainted with him."
Then, on cross-examination, he is asked, when this took place, he says,
"In January the first time, and the next in February. I cannot say the
precise day; there was a dinner party, four or five there. Sir Alex.
Cochrane and his Lady there the first time; an indiscriminate mixture of
company, De Berenger was one of them. I did not learn that Mr. De
Berenger was going to serve in America."
Barnard Broochooft, Clerk to the Marshal of the King's Bench, is next
called. He says, "I know Captain De Berenger. He has been a prisoner in
the King's Bench prison from the latter end of the year 1812, to within
a month or six weeks of the present time; he had the Rules. I missed him
for some months. Mr. Cochrane, a bookseller in Fleet-street; and Mr.
Tahourdin the solicitor, were his securities for the Rules: they entered
into this surety nearly two years ago. I cannot recollect seeing him on
the morning of the 21st of February. The security was under £.400; they
generally take £.100 beyond the amount of the debt and costs." So that
it appears he was not very heavily charged in debt at that time;
however, his debts might be, as supposed by Lord Cochrane, £.8,000.
Joseph Wood, the Messenger of the Alien Office says; "I left London on
the 4th of April, in order to find De Berenger. I found him at Leith, on
the 8th of April; I found him in possession of a writing desk,
containing papers and bank notes; before I parted with any of them I
marked them before the Grand Jury; there were guineas and half guineas,
and two Napoleons in the pocket book." He produced two packets, and a
pocket-book containing a £.50 bank note, four £.5 notes, and two
Napoleons in a pocket-book. He also produced a memorandum-book, and a
paper of memorandums, and a road-book. A memorandum is shewn to Mr.
Lavie, which he says he believes to be Mr. De Berenger's hand writing.
Mr. Wood says, on his cross examination, "I carried the box and the
papers before the Grand Jury, by orders of the Secretary of State. I was
subpoenaed to bring it before the Grand Jury; the seals put on at
Edinburgh, were taken off by order of the Secretary of State, before I
went before the Grand Jury; it has been in my possession ever since I
took it at Edinburgh. When I went to Holland, in my absence, Mr.
Tahourdin wished to see it, and Mr. Musgrave opened it for him; the
seals had been opened before that time. I was absent about a week or ten
days. I was present all the time it was before the Grand Jury; it was
locked up with all its contents; when I went out I locked it, and left
it upon the jury table; I had the key; I was present when Mr. Lavie and
Mr. Wakefield, and another gentleman of the Stock Exchange were with Mr.
De Berenger the day he arrived. I was present the greatest part of the
time. Mr. Wakefield went very close to Mr. De Berenger, and I declare I
do not recollect any particular words; he put some questions respecting
the Stock Exchange. I did not hear any names mentioned. I remember the
word information, that they wanted information, but that is all I
recollect. Mr. De Berenger said he was unwell, and exhausted by his
journey. Mr. Wakefield conversed with him about ten minutes; I put my
marks upon these things before I went to Holland." So that his going to
Holland is immaterial, for his marks put upon them before he parted with
them, identify the bank notes, and the bank clerks say they gave them in
exchange for other notes.
Mr. Fearn is shewn a check of the 5th of February; he says, "I gave
that check to Mr. Butt on the day of its date." That was afterwards
attempted to be proved, but it came, I think, to nothing.
Mr. Smallbone says, "On the 10th of February I drew that check, which
was a check for £.470. 19. 4. I drew it for Lord Cochrane; I gave it him
on some stock account; I think Mr. Butt was in the office at the time; I
feel satisfied I gave it to Lord Cochrane, and not to Mr. Butt; I did
not see him hand it to Mr. Butt; I presented it to him on the table,
that he might see it." The check is then read, it is upon Messrs. Jones,
Loyd & Company, dated the 19th of February, very shortly, that is on the
Friday before the Sunday on which this person must have departed from
town, it is payable to No. 119 or bearer, and is signed William
Smallbone.
Then Edward Wharmby says, "I am a clerk to Jones, Loyd & Company. I paid
that check on the 19th of February, in one £.200 note, two of £.100
each, and a £.50.; the £.200 note was No. 634, the £.100 notes were, one
No. 18,468, and the other 16,601, and the £.50 note was No. 7,375."
Then to shew that Lord Cochrane dealt with the produce of this check as
his own, Thomas Parker, the coal-merchant of Lord Cochrane, says, "I
received in payment a bank note of £.50 from Lord Cochrane, which is
this very note, the number of which is 7,375; I wrote on the back of the
note, and that is my hand-writing." Therefore it appears that this
check, which was drawn for Lord Cochrane, was in the first instance for
his benefit; for £.50 of it went to his coal merchant, and the other
notes appear to have come to him, or to Mr. Butt, and the produce is
afterwards found at a very critical period in the hands of this person,
De Berenger, seized after he had gone from London. The check itself is
the 19th of February; the money is found in this desk after he had gone
off.
Then the bank notes of £.100 each are shewn to Mr. Lance; he says, "On
the 24th February I went to the bank to change some bank notes for
smaller notes, by the desire of Mr. Butt;" the notes were shewn to him,
and he says, "those are the notes," I received two hundred notes of £.1
each for them.
Upon his cross examination, he says, "I remember on the 15th of February
Mr. Butt lending Lord Cochrane £.200;" but on examination, it turns out
that he only heard it, and did not see it lent. "I went with this check
to get the money to Jones and Loyd's, I gave the notes of £.100 each to
Lord Cochrane, I was not present when Lord Cochrane paid those notes
back to Mr. Butt, I received those notes from Mr. Butt afterwards, and
it was by Mr. Butt's desire I changed them for small notes at the bank."
Then he says, "I advanced £.450 to Lord Cochrane, as clerk to Mr.
Smallbone; when he had got this check for £.450 he wanted £.200 more;
Mr. Butt was not present. I do not know when Lord Cochrane gave these
two £.100 notes to Mr. Butt, which by Mr. Butt's desire I took to the
bank."
John Bilson and Thomas Northover, who are clerks in the bank, are shewn
the two notes of £.100 each; Bilson says, these two notes were sent for
payment in the bank on the 24th of February: I have the book here in my
own hand-writing, they were paid in £.1 notes, and he specifies the
number of each; we have looked over the notes in De Berenger's trunk
before the grand jury; here are forty-nine, part of the two hundred.
Thomas Christmas says, "I am clerk to Mr. Fearn; I remember being sent
on the 24th of February to change a note for £.200; I went to Messrs.
Bond and Co's.; that is the note I gave; I received two notes of £.100
each; I then took those two notes to the bank, and changed them for two
hundred notes of £.1 each; I gave them to Mr. Fearn; I did not see what
Mr. Fearn did with them; I put Mr. Fearn's name upon the two £.100 notes
before I gave them in at the bank." Mr. Miller, a bank clerk, produced
the two £.100 notes, and Christmas says, "Those are the notes."
Mr. Fearn says, "On the 24th of February I received from Christmas two
hundred notes of £.1 each; I gave them to Mr. Butt, and he gave them to
Mr. Cochrane Johnstone."
Bilson and Northover, the bank clerks, say, "That on the 24th of
February they paid to Fearn two hundred £.1 notes, for two notes of
£.100 each." Then they are shewn sixty-seven of the notes of £.1 each,
found in De Berenger's writing desk, and they say those are part of the
notes they paid to Fearn on the 24th of February.
Then Wood produces a box and two watches.
Bishop Bramley is called; he says, "I am a watchmaker and silversmith
living at Hull," (_the watches were shewn to him_); "I never sold this
watch or that, but I sold a watch to the gentleman who sits there for
£.30. 19_s._ 6_d._ on the 4th of March, and he paid me in £.1 bank
notes; I put my own initials upon them, I should know them again;"
[_Miller having produced some notes to the witness_], "all those seven
notes I received of the person I sold the watch to; I put my initials
and the date upon them; we took no other Bank of England notes on that
day; I received twenty in the forenoon, and the other eleven in the
afternoon; and I marked them, and paid them away the same afternoon."
Bilson and Northover are shewn the seven notes; they say those seven
notes were part of the two hundred notes we paid to Fearn, on the 24th
of February.
Lance says, "On the 26th of February, I gave Mr. Butt a check on
Prescott & Co. for £.98. 2_s._ 6_d._ that is the check."
Isherwood, a clerk to Prescott & Co. says, "I paid that check, I think
on the date of it, the 26th of February 1814," just before the time when
De Berenger went off, "in a £.50 bank note, No. 13,396, and a £.40 note,
No. 6,268." A £.40 note and a £.50 are shewn to him, to each of them he
says, "that is the note."
John Seeks is shewn a cancelled bank note of £.50; he says, "I gave
change for it, I cannot exactly recollect the day; here are some letters
on the back that I know it by; I gave change for it to Mr. De Berenger's
servant, Smith."
Now there we stopped last night, upon that note, because it could not be
proved that Smith, De Berenger's servant, paid it for his master; this
morning it is proved by Smith, that he did pay that £.50 bank note to
Seeks, by desire of Mr. De Berenger, therefore that £.50 is fixed upon
him as drawn from the same source, namely, the bank note which had come
from Mr. Butt.
A memorandum in Mr. De Berenger's book, written in pencil, was referred
to by the counsel, "W.S. £.50." Mr. Lavie says, "I never saw any writing
in pencil of Mr. De Berenger's, but I believe this to be his writing, it
is exactly the same sort of character as the other."
Benjamin Bray is called, he says, "I live at Sunderland;" he is shewn a
£.40 note, he says, "I received it from the waiter of the Bridge Inn, at
Sunderland; I had seen Mr. De Berenger at Sunderland, previous to that;
I gave the waiter six £.5 notes, and ten £.1 notes for it, of the Durham
Bank. Mr. De Berenger came shortly after to my house, to take his leave
of me: I am a druggist, and agent to the Durham Bank. From the 17th to
the 21st of March, I had known of his being at Sunderland; the waiter
had come requesting bank paper. I made an apology to Mr. De Berenger for
not sending him more bank paper in change, and he acknowledged having
received the whole of the notes I had sent from the waiter; he went by
the name of Major Burne."
Then, on cross-examination, he says, "I know that £.40. note, by the
copy I made of it in my waste-book"--he had not the waste-book here, but
he says, "I know it also _from my initials on the back_ of the note,
made a day or two afterwards, when it was fresh in my recollection. I
did not keep it distinct from my other notes, but I marked it between
the 31st of March and the 4th of April; but" (what is more material) "I
generally do not put my initials on bank notes, but I did on this; I had
no other £.40. note at the time, and have had no other since;" so that
that £.40. bank note is proved likewise.
Mr. Pattesall says, "I am a partner in the house of Bond & Co. I did not
pay that check of Mr. Fearn's, it was paid by Mr. Evans, a clerk of
ours." That person of the name of Evans never came, and was called on
his subpoena.
They then produced two Napoleons, found in the pocket-book of De
Berenger, and with that they closed the evidence on the part of the
prosecution.
On the part of the defendant, they first read the letters of Le
Marchant, which, as I have before observed, certainly reflect very much
upon himself.
They then call Lord Melville, who says, "I am acquainted with Sir
Alexander Cochrane; I recollect Sir Alexander more than once applying to
me, that Mr. De Berenger might be allowed to accompany him, and to
remain with him on the North American station, to which Sir Alexander
Cochrane was appointed; it was shortly before Sir Alexander sailed upon
the command; I think it was five or six months ago. Sir Alexander was
desirous that he should accompany him, for the purpose of instructing
either a corps to be raised in that part of the world, or the Royal
Marines, in the rifle exercise; and afterwards, when Sir Alexander
wished that an officer of engineers should accompany him, and when I
suggested that it would be difficult to give him that assistance, from
the small number of engineer officers that could be procured, Sir
Alexander mentioned, that as an engineer officer, he would be quite
satisfied with Mr. De Berenger. I think there was some rank necessary to
accompany such an appointment. I said I could not agree to the
appointment, as far as the naval service was concerned, but I advised
him to apply to the Secretary of State, or to the Commander in Chief;
stating, that if they agreed to it, I should have no objection to let
him accompany Sir Alexander. Lord Cochrane was appointed to the Tonnant,
about the time Sir Alexander Cochrane sailed. I have no personal
knowledge of Mr. De Berenger."
Colonel Torrens, who is secretary to the Commander in Chief, says, "I
remember an application being made on behalf of Captain De Berenger in
the latter end of December, or the beginning of January, by Sir
Alexander Cochrane, to urge the appointment of De Berenger to go to
America, for the purpose of applying his talents in the light infantry
drill, that is, the rifle service; he says, there were great
difficulties started to this application; and in consequence of those
difficulties the appointment did not take place. It was under
consideration, however, at the Commander in Chief's office. I do not
know personally the character of Mr. De Berenger."
Then Mr. Goulburn, Under Secretary of State for the Colonial Department,
says, "there was an application made by Sir Alexander Cochrane, on
behalf of De Berenger;" but he gives no further account.
William Robert Wale King says, "I am a tinplate worker. I was employed
by Lord Cochrane, in making signal lanthorns and lamps. I made him a new
sort of lamp, for which he had a patent. He came frequently, nearly
every day, to my manufactory; he was there the 21st of February. He came
between ten and eleven in the morning, that was about the time he
usually came. I perfectly recollect the circumstance of a note being
brought to him by his servant. I was present when the note was
delivered. He immediately opened it, and retired into the passage; and
he came into the workshop again, and shortly after went away. His
Lordship had been about a quarter of an hour there, that is a mile and a
half from Grosvenor Square; his Lordship only said 'very well, Thomas,'
not making any observation expressive of anxiety as to his brother."
Mr. Bowering says, "I am clerk in the Adjutant General's Office. Major
Cochrane, the brother of Lord Cochrane, was returned as with the army in
the South of France, "sick," on the 25th of January. The returns ran
from the 24th of December to the 24th of January."
Then Thomas Dewman says, "I am a servant to Lord Cochrane, and have been
seventeen years in the family. I carried a note to Lord Cochrane at Mr.
King's manufactory; I remember the gentleman coming to Lord Cochrane's
in a hackney coach; I do not know that I have seen him before or since.
He first asked, where Lord Cochrane was gone to? and I told him he was
gone to Cumberland-street to breakfast, because his Lordship told me he
was going there to his uncle's; I went there after him, and not finding
him, I returned to the gentleman; his Lordship had told me to follow him
with some globe glass to Mr. King's. I had been there on Saturday; I
supposed he might be there; I told the gentleman that I most likely
should find him there; I should however have gone, if the gentleman had
not sent me; he took the note from me, and said, I will add two or three
more lines. I took the note to his Lordship at Mr. King's; his Lordship
read the note in my presence; I left him at Mr. King's; his Lordship
had no man in Green-street but me; the other servant was in the country;
he had been there two or three months before that; his Lordship had
given Davis warning on his appointment to the Tonnant. Davis was not in
his Lordship's service at that time, but he happened to be in the
kitchen when the gentleman came; Davis is gone." This, it should seem,
is only to account for not calling Davis. "Davis is gone with Admiral
Fleming to the West Indies. It was a little past ten when the gentleman
arrived. I was engaged to Lord Cochrane since Christmas; I had been in
the family of Lord Dundonald; I do not know Holloway or Lyte. When I
gave the note to Lord Cochrane, he said, 'Well, Thomas, I will return.'
I waited on Major Cochrane when he first went into the army; I saw Lord
Cochrane leave the place, that is Mr. King's."
Then it is admitted, that Lord Cochrane has a patent for the invention
of a lamp, dated the 28th of February last.
Mr. Gabriel Tahourdin says, "I have known Mr. De Berenger five or six
years; I introduced him to Mr. Cochrane Johnstone, in May 1813. Mr.
Cochrane Johnstone was in possession of a place at Paddington, named
Vittoria, which he was desirous of improving. I introduced De Berenger
to Cochrane Johnstone by mere chance; De Berenger afterwards employed
himself in preparing a plan, and had nearly completed it. Shortly before
Mr. Cochrane Johnstone went to Scotland, in September, he made him one
payment on account of it. Besides the plan, De Berenger prepared a
prospectus; Mr. Johnstone had got a number of that prospectus printed,
early in October, to take to Scotland with him. I conveyed a letter from
De Berenger, and I spoke several times to Mr. Johnstone, upon the
subject of paying for those plans, but no price was fixed upon till
February last; I made repeated applications to Mr. Johnstone, in a
delicate way, to pay him, and on the 22d of February." That is a very
remarkable time, immediately after the transaction on the 21st; if the
gentleman knew any thing of De Berenger's conduct, on the previous day,
it may deserve consideration, whether that was the most likely time, in
point of delicacy, to have made the application. "Mr. Johnstone sent me
a letter on the 22d of February 1814, enclosing a letter from Mr. De
Berenger to Mr. Cochrane Johnstone." Now these letters, if you wish them
to be read, I will read.
_Foreman of the Jury._ We think there is no necessity, my Lord.
_Lord Ellenborough._ They relate to other work he was doing for him;
there was that plan, I should have thought from two to three hundred
pounds very excessive compensation for it; but still there was some
claim affording a ground for money transactions to pass between them. As
to the dates, there is one circumstance of Mr. Tahourdin dating the
letter of De Berenger to Cochrane Johnstone, enclosed in the letter of
Cochrane Johnstone to himself, which appears not very usual in the
course of business; the letters shew other transactions between them.
Whether they were pretended or not, or if existing, then artificially
brought forward or not, may be a question; but the letters certainly are
dated at a most critical time, namely, on the 22d of February. Then he
says, "There is a reference in the letter, to an assignment of some
property, which De Berenger had, which assignment was prepared at my
office: I do not know whether Mr. Cochrane Johnstone answered De
Berenger's letters." He is shewn a letter, and he says, "That is my
answer to the letter of Mr. Cochrane Johnstone; I wrote it on the 23d of
February."
There was a business to settle with Lady Mary Crawford Lindsay. There is
a great deal of business certainly introduced into these letters, so
much almost as to induce one to think there is an artificial
introduction of business, to give the appearance of reality to the
letters; however, Mr. Tahourdin certainly swears that there were such
transactions at that period. But one cannot help recollecting that Mr.
Tahourdin, towards the close of the case, appears to have been in
communication with the two last witnesses, Donithorne and Tragear, on
whose evidence I shall have to observe. He says, "I saw a very few days
after their date, a receipt for £.50. dated 20th September 1813,
received of C. Johnstone by hands of G. Tahourdin, on account of large
plans;" there is a receipt for £.200. dated the 26th of February:
"Received £.200. on account of plans and prospectus delivered, C. R. De
Berenger;" and a note of hand for £.200. more, De Berenger to C.
Johnstone, dated the 26th of February; I saw it two or three days
afterwards. So that, just after the extraordinary transaction which had
such an effect upon the funds, a communication that had taken place
between them, and these letters are produced, and which are conceived to
be material, with reference to the question now before you. He says,
"there were subordinate plans for the details of that same place." Then
he says, "I had become security for the Rules for De Berenger, some
months before I knew Mr. Cochrane Johnstone." Then he is shewn the
letter, which has been described as the Dover letter; he says, "this
certainly is not the hand-writing of De Berenger; I have received a
thousand letters from him, and this is not his hand-writing; I do not
believe it is a disguised hand of Mr. De Berenger; I have always
considered De Berenger as a man of strict honour and integrity; I have
trusted him to the extent of about £.4,000. in money, besides my
professional claims on him." Some writing in a road-book found in De
Berenger's desk, is then shewn to him; and how any person should have
writing by him like that, purporting to be his own, and it should still
not be his own hand-writing, one cannot conceive. But he says, "some of
it is more like his hand-writing than others, but I do not believe," he
says, "that all the writing is his; some of the letters" he says, (on
being shewn the pencil-writing in the book found in De Berenger's desk)
"look like his writing; the smaller parts look like his hand-writing."
He is asked, "whether he does not believe the whole of it to be his
hand-writing?" and he says, "I do not know what to say, this pencil is
not like what he writes in general; it being in pencil puzzles me more
than any thing else."
Then General Campbell is called, who says, "I know Mr. Cochrane
Johnstone; I met him the second week in October last, I think at the
Perth meeting; he shewed me a prospectus of a new public building to be
erected in the Regent's Park, or in the neighbourhood of it, I think he
called it Vittoria." He is shewn the prospectus, and he says, "I believe
this is a copy of the same that he communicated to me in his or my own
apartment."
Then on the part of Mr. De Berenger, Lord Yarmouth is called; he says,
"I am lieutenant colonel commandant of the regiment of Sharp-shooters.
Captain De Berenger was acting adjutant, a non-commissioned officer. I
have known him since 1811; very early in that year. I cannot recollect
the day. I have received letters from him, and have seen him
occasionally write, and have seen him frequently on the subject of the
contents of those letters, and am acquainted with his character of
hand-writing." Then that letter sent to Admiral Foley is shewn to him;
he says, "If I had heard none of the circumstances, I should not have
believed it was his hand-writing. He solicited to go out in the month of
January last. Some time back he told me, that he had very nearly
arranged to go out to drill the men on board the Tonnant."
Upon his cross-examination, he says, "the hand-writing of this is much
larger than Mr. De Berenger's; he generally writes a round and neater
hand." He is shewn another letter; and he says, "I received that letter
on the day it bears date, or the day immediately after." He is then
shewn the writing in the road book; and he says, "It is larger than De
Berenger's usual writing; some part of it is not larger, it is less
round; it is more angular. I am not sufficient conversant with
hand-writing, to swear either way to this." Then he looks again at the
letter sent from Dover to Admiral Foley; he says, "the letter R looks
very much like his hand-writing in the R of Random, before De Berenger,
Random being his second name." Then being asked, what he should think of
this gentleman coming to him in his bottle-green coat of uniform; he
says, "It would have been more military that he should come so, though I
never exacted it of him. I should not have been angry at it, but should
have thought it the regular dress for him to appear in. If he had
appeared before me in an aid-de-camp's scarlet uniform, and with a star,
I should have been indeed surprised to see him present himself before me
in that dress."
Sir John Beresford is then called; he says, "I have seen Captain De
Berenger twice before yesterday. I never saw him write; I know of his
application to go to America, as a sharp-shooter. In the beginning of
February I paid my ship off, and met Mr. Cochrane Johnstone in town, who
told me, Sir Alexander Cochrane was very anxious he should go out in the
Tonnant, to teach the marines the rifle exercise. I went to the Horse
Guards, to ask whether any thing could be done; I was told it would be
useless to apply to the Duke of York, and told Mr. Cochrane Johnstone of
it; this was before Sir Alexander Cochrane sailed in January or
December. I met him at dinner at Mr. Cochrane Johnstone's. I was there
to meet Sir Alexander Cochrane, but he did not come."
Mr. James Stokes says, "I am a clerk of Mr. Tahourdin; I have been so
between three and four years, and during that time have frequently seen
the hand-writing of De Berenger; he has been a client of my master's,
and has been assisted very much by him. I have seen a great deal of his
writing; this is certainly not his writing, not a word of it; and the
letter 'R.' (which Lord Yarmouth had spoken to) is not at all like it."
Then they call witnesses, who at last come to swear, that captain De
Berenger slept in his own apartments on the Sunday night, the 20th of
February; of course, if he did so, he could not have been on the 21st at
Dover, at the time sworn to by the witnesses.
William Smith is called; he says, "I was servant to Mr. De Berenger, I
was so about three years and a half; I have seen him write frequently."
Then he is shewn the Dover letter, and he says "I do not believe that is
his hand-writing; the signature there, Du Bourg, I really believe is not
his hand-writing, no part of the letter; I am positively sure it is not.
He has lately lodged with a person of the name of Davidson, in Asylum
Buildings. I was with him on Sunday the 27th of February, when he went
away; I perfectly remember he was at home on Sunday the 20th; he slept
at home on the Saturday night the 19th, and went out about nine o'clock
on Sunday morning; he came in afterwards at nearly eleven o'clock, and
went out again immediately afterwards; he stayed out only about twenty
minutes, and returned again when people were gone to Church, and stayed
at home till about four o'clock, he then went out again. I was not at
home then, I was over the way with my master's dog, leaning with my back
against the rail, when he came down on the opposite side of the road
facing the door. I went out with my wife soon after, and returned in the
evening about eleven or a few minutes afterwards; he was not at home
then, he came home afterwards, in five minutes after I got home, that
was a few minutes after eleven; he slept at home that night. I and my
wife were down in the kitchen taking our suppers, and my master was in
the drawing room; before we got to bed, I heard him pass my room door to
go to his bed-room, that might be about half-past eleven. He did not
breakfast at home the next morning; I did not see him the next morning;
I saw him about three o'clock in the afternoon of Monday; my wife made
his bed."
Then he says, on cross-examination, "I let him in at a little after
eleven at night. He rapped at the door in his usual way; his usual rap
was not over loud, between loud and gentle; he went to his bed-room that
night; I did not see him in bed the next morning, I heard him go into
the bed-room." Then he is shewn a letter, which he says, "I wrote to
Lord Yarmouth," (but that is not given in evidence) "I have my master's
military grey great coat here at Guildhall; I never acknowledged that my
master slept from home that night, to Mr. Murray; I never told either
Mr. or Mrs. Davidson, that coming home and not finding my master at
home, I had left the key for him at the usual place in the area, that he
might let himself in; I never told them so, either on Monday the 21st or
any other day, to the best of my knowledge. He has no attendance in the
morning, he does every thing for himself, he does not usually ring his
bell of a morning before he comes down to breakfast; he is a very quiet
man, I never knew him otherwise, he never makes a disturbance, he walks
about very much. My master finally left his lodgings on Sunday the 27th;
I remember changing a £.50 note with Seeks," (that is the £.50. I have
mentioned to you) "received it from Mr. De Berenger, I received it on
the 27th, the day he went away; I took his things to the Angel Inn
behind Saint Clement's; a day or two before he left to go into the
country he gave me £.20. I never saw him give Sophia £.13. if I was in
the room, I did not notice it. I do not remember, after my master
finally went away, Mr. Cochrane Johnstone's calling with a letter; I
never told Mrs. Davidson, that a gentleman who called there was Mr.
Cochrane Johnstone. I was not at home; she told me a gentleman had
called there, and described him; I said, most likely it was Mr. Cochrane
Johnstone." Upon his examination I thought he had said, that he had seen
him only once, but then he said, at last, that it was only once at his
house. "I did not tell her on the Sunday, that if my master had been at
home on the Saturday, when Mr. Cochrane Johnstone brought that letter,
he would have gone off on the Saturday night; I did not tell her so
either on the Saturday or the Sunday. My master was at home every day
from the 20th to the 27th, going out as usual. On the 21st, he went out
to dine; he did not tell me where he was going to, or when he came back
where he had been to, that I recollect; he did not tell me he had been
to Mr. Cochrane Johnstone's, when he came home, nor before he went out,
that he was going there. When I came home on the Monday, I saw a strange
black coat; I cannot tell whether the coat fitted my master; I never saw
it on; I brushed it; I am used to brushing coats; I did not know whose
coat it was; I cannot tell whether it was the coat of a man six feet
high. I swore an affidavit; I drew that affidavit myself; I told Mr.
Tahourdin of his absence on the 7th or 8th of March; I drew out the
affidavit before that time, and did it without any sort of concert with
any body whatever, merely for the vindication of my master's character.
I sent the affidavit to be published; I found my master a very injured
gentleman; I took it to Mr. Cochrane Johnstone, and he published it."
And then he says, "I let him in," that is, De Berenger his master, "on
Sunday the 20th."
Ann Smith, the wife of William Smith, says, "I was a servant with my
husband to Mr. De Berenger, in February last, and had been so two years
and a half. I saw my master at home on the 20th of February; he went out
about nine o'clock in the morning, and came in again between ten and
eleven; he did not stay at home long then, before he went out again. My
husband and I went out between four and five, after my master was gone
out; he went out about four o'clock. My husband and I returned home
about eleven, a few minutes before my master; my husband got in a little
before me. My master came in that evening; he was let in by my husband,
and I heard him above stairs; he had a bit of bread and a glass of ale
that night for supper. I did not see him that night; it was my business
to make his bed. I got up on the Monday morning about seven, that was
the Sunday and Monday before he finally went off, I am sure; I usually
get up about seven. My master went out that morning before breakfast; my
husband went out about eight, and my master went out a little before
him; I did not see him go out nor hear him; I did not know he was out
till I let him in; I made his bed on the Sunday morning; I was up stairs
making his bed, and he went out, I looked out of the window and saw him
go; I made his bed on Monday, but that was not till after he came home,
which was about twelve o'clock; when I found he had been out, I went up
stairs immediately to make his bed." You will consider whether there is
any room for believing she might be correct, and that he might have lain
down upon his bed before she made it. "The bed appeared as usual, as if
it had been slept in on Sunday night; I and my husband slept in our bed,
and I made his bed on Monday as well as on Sunday. I remember how my
master was dressed on the Monday when he came home; he had a black coat
on; he had a bundle in his hand; I saw a part of a coat where the bundle
was open, a grey coat just where the knot was tied; my master continued
to sleep regularly at home til he finally went away."
Upon her cross-examination she says, "my master had no other man
servant but my husband; he used to wait upon him, and do any thing he
was requested to do. I used to carry up breakfast when he rang, if my
husband was out; he did not ring for my husband to attend him in the
morning to dress. I supposed my master had breakfasted out when he came
in; I was rather surprised that he had not rung. On the Sunday, when he
went out, he had on his black coat and waistcoat, and grey overalls; I
did not remark that the coat was too long for him; I do not know how he
was dressed when he went out on the Monday; he came home in a black
coat; I cannot tell whether it was the black coat in which he went out
on Sunday. I never saw Lord Cochrane. I never observed the black coat at
all in the bundle; I saw part of a grey coat, and the green uniform coat
was in the bundle. There was nothing extraordinary in my master's going
out in green, it was his drill dress; he was in the habit of going out
in it, and returning in it; I never knew of his going out in a green
drill dress, and returning with a black coat before. I made an
affidavit; I saw nobody on the subject of that affidavit; I saw Mr.
Tahourdin a few days after making the affidavit. Mr. De Berenger wore
whiskers sometimes; I do not know whether he wore whiskers then or not,
I did not see much of him. I had not seen the bed on Monday morning till
after his return."
Then the ostler at Chelsea, and his wife, are called to prove, that he
was at a late hour in town. John M'Guire says, "I am the ostler at
Smith's livery-stables, at the Cross-keys yard, Chelsea. I am acquainted
with the person of Mr. De Berenger; I remember seeing him on the 20th of
February; it was on a Sunday. I remember it perfectly well, because I
knew he was within the Rules of the King's Bench; and I determined to
ask his servant, how he was out of the Rules. He had lived at Chelsea
before. It was a quarter past six in the evening that I saw him at
Smith's stable-yard gate; he asked me if the coach to London was gone; I
told him the six o'clock coach was gone, but the seven would be ready in
three quarters of an hour; he said, it would not do to wait for the
seven o'clock coach, and he turned round and took his way to London.
When I went home that night, I mentioned to my wife, that I had seen Mr.
De Berenger at a quarter past six. I was induced to mention it, from
knowing he was in the Rules of the Bench, and not having seen him that
way for some time before; he went from the lodgings he had at Chelsea,
to the King's Bench."
Upon cross-examination, he says, "I have known him three years and a
half, I knew him to be an officer in a corps of Riflemen; that day
fortnight I saw his servant, on the 6th of March, and he said, he was
not clear of the Bench then. Last Monday week I was examined by the
attorney. He had on, when I saw him, a black coat, a black waistcoat,
and grey overalls or pantaloons. I have seen William Smith this morning.
De Berenger wore whiskers when I knew him before, but when I saw him on
this Sunday he was close shaved, he had none then; it was three miles
and a half from the Asylum." Now it appears, that De Berenger was three
miles and a half from the Asylum at a quarter past six, where he had
dined; if he had dined any where, we have not heard. He says, "he
thought it was wrong to be out of the Rules, and he was shocked at it."
Then Mr. Hopper says, "I am an architect. I saw Mr. Cochrane Johnstone's
premises at Alsop's Buildings two nights ago." He is shewn the plan and
prospectus, and he says, "From the trouble that must attend it, a
compensation of from, £.200 to £.300. might not be excessive." I have
mis-stated it, therefore before; he does not say, it would not be
excessive, but it _might_ not be so.
Then Mrs. M'Guire says, "I am the wife of M'Guire, the ostler. I did
not know Mr. De Berenger, when he lived at Chelsea, I knew Smith his
servant. My husband mentioned to me on the 20th of February, his having
seen Mr. De Berenger, Smith's master; he mentioned it to me at ten at
night; it was the Sunday before Shrove Tuesday, it was my child's
birth-day, and therefore I remember it. My husband told me, he had seen
him at about a quarter past six; he said, he wondered whether he had got
his liberty yet or not; I cannot particularly say whether he said it was
shocking or not; he said, he wondered whether he had got his liberty."
How this should have excited the curiosity of this man, one cannot well
conceive; but one cannot comment upon that which one cannot read and
believe.
Then Henry Doyle Tragear is called; he says, "I was at Mr. Donithorne's
house in York-street, Westminster, in the month of February last. I was
staying there; I went there upon the occasion of my leaving my house,
No. 39, Little Queen-street, Holborn, where I had carried on the hatting
business. I left my house finally on the 17th, and went to Donithorne's;
I remain at his house still. I had seen Mr. De Berenger frequently
previous to that, at Mr. Donithorne's house. I particularly remember
having seen him there on Sunday the 20th of February; I saw him twice
that day; I saw him between nine and ten in the morning, and again
between eight and nine in the evening; I saw him at Donithorne's house
both these times; he might stop about half an hour, more or less. I have
seen him frequently talking with Mr. Donithorne about some drawings,
designs for pieces of furniture, and things of that sort. Donithorne is
a cabinet maker. Donithorne has shewn me these things before. I am a hat
manufacturer; I am not entirely out of business but I have not a house
at the present moment; I went there to reside till I could get a house
to suit myself, to start in business again." According to the wife, it
did not appear as if he was likely to go into business again. "My wife,
Mrs. Donithorne and Mr. Donithorne were there in the evening. When he
came, Mr. Donithorne went into the garden with him; he said he would not
come into the parlour to disturb the company; I had seen him repeatedly
before."
Then upon cross examination, he says, "I was not struck with any
alteration in his appearance that night; he had no whiskers on that
night; I do not know whether he had ever worn whiskers before; he had a
black coat on that day; he had his hat on. It was between eight and nine
when they took a walk in the garden. I cannot say whether his hair was
powdered; they went out to take a survey of the premises in the morning.
I have seen Mr. Donithorne and Mr. Tahourdin together one day last week.
I will swear, that I did not know they were acquainted together before
that time; I never was sent for to become a witness upon this occasion;
I went myself; Tahourdin did not send for me; I went to Tahourdin I
think one day last week. I did not know that I was to be a witness till
last week, or that it was material I should recollect the 20th of
February. I let my house on the 17th of February to Samuel Nicholson;
and on the Sunday morning following Mr. Donithorne came to my room, and
told me a gentleman was come to look over the house, and if I would get
up he should be obliged to me. I have seen Smith, the servant." He then
says, "I have been bail twice, once for fifteen pounds, that I believe
is settled; I have been bail again, but I do not quite know whether that
has been settled, nor the amount. I don't recollect if I have been bail
oftener."
Then Mrs. Tragear, the wife of the last witness, is called; she says, "I
know the defendant De Berenger; I have seen him often. I and my husband
went to stay at Donithorne's when we gave up our house; the day we gave
up our house was the 17th of February. Mr. De Berenger called at
Donithorne's on Sunday the 20th, between nine and ten in the morning; we
were not up then. Mr. Donithorne was in the cabinet business. He came up
and said, he was anxious we should get up, as a gentleman was come to
look over the house. When I got up, I threw down the sash, and saw Mr.
De Berenger; he was measuring the ground in the garden. I am sure it was
he; I saw him again in the evening between eight and nine; we were in
the parlour along with Mr. and Mrs. Donithorne; asked him to come in;
and he said he would not disturb the company; he wanted to speak with
Mr. Donithorne; they walked backwards into the garden, and I saw him no
more."
Then, on cross-examination, she says, "my husband is deaf at times; Mrs.
Donithorne came to call us; Mr. De Berenger went into the attics; he did
not go into our room." It is afterwards said by Donithorne, that he went
two or three times into it. "I do not remember seeing any one in the
garden with De Berenger and Donithorne; one of them held the measuring
rod and the other, took the figures down. There was no snow; I think it
was a wet morning, and the rain had cleared the snow away. My husband
failed on the 17th of February; he then came to Mr. Donithorne's, who is
a cousin."
Then Donithorne is called; he says, "I live in York-street, Westminster.
Mr. and Mrs. Tragear came to live at my house, on Thursday the 17th of
February. I had known De Berenger a long while; I am very well
acquainted with his person; I am a cabinet-maker; De Berenger had
furnished me with designs for furniture. I remember seeing him on the
Sunday morning, after Tragear came to my house, which would be the 20th
of February, between nine and ten in the morning; he came to look over
my ground, as I was going to make some alterations in my little garden,
and also some designs for cabinet work. I furnished Mr. Cochrane
Johnstone's house in Cumberland-street, for Miss Johnstone. I saw him
again between eight and nine in the evening; I let him in, and asked him
to walk into the parlour where we were sitting; he said he would walk
into the back-parlour; he stayed about a quarter of an hour or twenty
minutes; he did not go into the garden. In the morning, we were I dare
say, an hour together in the garden; he called in the evening, to give
me an answer when he was to draw a plan for me." (This does not appear
to be business of sufficient consequence to have led this man twice
there in the course of that day.) "I was going to convert the front part
of my house into an inn, and the back part into pleasure-ground; it was
a misty rainy morning, and very cold."
On his cross-examination, he says, "he came as the friend of Mr.
Cochrane Johnstone, to give me plans for furniture; I proposed to him
surveying my house, with a view to the improvements I intended to make.
I went and called Mr. and Mrs. Tragear, and desired them to get up; I
have no doubt of it, I went twice." He is then asked as to some writs
against persons in the Stock Exchange; he says, "I employed the
attorney, Mr. Tahourdin, by desire of Mr. Cochrane Johnstone, to issue
135 writs; Mr. Cochrane Johnstone is to pay for them;" it appears that
these writs are against persons for stock-jobbing transactions. "Tragear
never failed, to my knowledge."
Gentlemen--This is the whole of the evidence on each side. I have made
my observations upon it, as it has proceeded. You have heard from me
already, that this is a case in which both the individuals and the
public are deeply concerned. It is important that public justice should
be vindicated by the conviction of the defendants, if they are guilty;
and that justice should likewise be done to the defendants, by exempting
them from punishment, if they have committed no crime. You will
consider upon the whole of the evidence, whether these several parties
were connected in one common plan, and were using their several
endeavours and means to raise the Funds for corrupt advantage, by false
contrivances, and the circulation of false intelligence--if you believe
that all of them were concerned in it, you will find them all guilty--if
you believe that any of them are exempt from a share in this Conspiracy,
you will acquit them.--You will now consider of your Verdict.
_Mr. Richardson._ Your Lordship stated, that there were some Counts upon
which they ought not to be found guilty.
_Lord Ellenborough._ Yes; Gentlemen, you will find the defendants not
guilty upon the first and second Counts of the Indictment, as those
allege facts and motives, in which they cannot all be supposed to be
joined.
_A Juryman._ They are guilty or not guilty of a Conspiracy.
_Lord Ellenborough._ Yes; a Conspiracy, which is a crime that cannot be
committed by one; it must be committed by more than one.
_The Jury retired at ten minutes after six o'clock, and returned at
twenty minutes before nine with their Verdict, finding all the
Defendants--GUILTY._
Court of King's Bench.
_Tuesday, 14 June 1814._